Earlier this month, New York Governor Kathy Hochul signed into law S.8034A, which authorizes the New York State Public Employment Relations Board to assert jurisdiction over disputes between employers and recognized employee organizations if the National Labor Relations Board (NLRB) is unable to successfully assert jurisdiction.
In signing the legislation, Governor Hochul said, “Our union laborers are the lifeblood of New York, working tirelessly to continue to build and uplift this great state…While the Trump Administration has failed to prioritize a strong National Labor Relations Board and is dismantling unions left and right, here in New York we are taking strong action to protect worker rights and sending a clear message that we will always have the backs of New York’s workers.”
In response, the NLRB has initiated legal action against the state of New York. In contesting the validity of S.8034A, the NLRB asserts that it holds exclusive jurisdiction over most private sector labor disputes under the National Labor Relations Act (NLRA), and legislation such as S.8034A is preempted by the NLRA.
You can find a recent press release from the NLRB regarding its general stance against state legislation purporting to regulate private sector labor relations here.